Frontier Airlines 2011 Annual Report Download - page 176

14.14 Future Developments
The Seller continuously monitors technological developments and applies them to Technical Data, document and information systems’
functionalities, production and methods of transmission.
The Seller will implement and the Buyer will accept such new developments, it being understood that the Buyer will be informed in due
time by the Seller of such new developments and their application and of the date by which the same will be implemented by the Seller.
14.15 Confidentiality
14.15.1 This Clause, the Technical Data, the Software Services and their content are designated as confidential. All such Technical Data
and Software Services are provided to the Buyer for the sole use of the Buyer who undertakes not to disclose the contents thereof to
any third party without the prior written consent of the Seller, except as permitted therein or pursuant to any government or legal
requirement imposed upon the Buyer.
14.15.2 If the Seller authorizes the disclosure of this Clause or of any Technical Data or Software Services to third parties either under this
Agreement or by an express prior written authorization or, specifically, where the Buyer intends to designate a maintenance and
repair organization or a third party to perform the maintenance of the Aircraft or to perform data processing on its behalf (each a
“Third Party”), the Buyer will notify the Seller of such intention prior to any disclosure of this Clause and/or the Technical Data
and/or the Software Services to such Third Party.
The Buyer hereby undertakes to cause such Third Party to agree to be bound by the conditions and restrictions set forth in this Clause 14
with respect to the disclosed Clause, Technical Data or Software Services and will in particular cause such Third Party to enter into a
confidentiality agreement with the Seller and appropriate licensing conditions, and to commit to use the Technical Data solely for the
purpose of maintaining the Buyer’s Aircraft and the Software Services exclusively for processing the Buyer’s data.
14.16 Transferability
Without prejudice to Clause 21.1, the Buyer’s rights under this Clause 14 may not be assigned, sold, transferred, novated or otherwise
alienated by operation of law or otherwise, without the Seller’s prior written consent.
Any transfer in violation of this Clause 14.16 will, as to the particular Aircraft involved, void the rights and warranties of the Buyer
under this Clause 14 and any and all other warranties that might arise under or be implied in law.
* Confidential